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UNITED STATES v. UNGER

No. 13336.

295 F.2d 889 (1961)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel P. UNGER, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 27, 1961.

Attorney(s) appearing for the Case

James P. O'Brien, U. S. Atty., Robert S. Atkins, and John Peter Lulinski, Asst. U. S. Attys., Chicago, Ill., of counsel, for appellant.

Maurice J. Walsh, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Daniel P. Unger was named as defendant in a ten count indictment filed in the district court on January 23, 1959, charging use of the mails to defraud, in violation of Section 1341 of Title 18, United States Code.1 In some of the counts M. Edward Ushkow was also named as a defendant.

On motion of Unger to dismiss the indictment for insufficiency, the district court, adopting an opinion explaining its...

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